Mohammad Tabibar Rahman v Gregory Eugene Smith, Attorney General, NSW

[2015] HCASL 36

MOHAMMAD TABIBAR RAHMAN

v

GREGORY EUGENE SMITH, ATTORNEY GENERAL, NSW

[2015] HCASL 36
S217/2014

1. On 10 February 2014, the Supreme Court of New South Wales (Adams J) ordered, under the Vexatious Proceedings Act 2008 (NSW), that the applicant not institute proceedings in New South Wales without the leave of that Court.

2. On 24 February 2014, the applicant filed a notice of appeal to the Court of Appeal of the Supreme Court of New South Wales against the orders of Adams J.

3. The applicant did not have leave to file that notice and, despite being invited to do so, did not seek leave to appeal.

4. By operation of s 13(3) of the Vexatious Proceedings Act the appeal to the Court of Appeal is taken to have been dismissed.

5. In this Court, the applicant seeks an order under s 40 of the Judiciary Act 1903 (Cth) removing into this Court his appeal to the Court of Appeal.

6. The appeal to the Court of Appeal has been dismissed.  There is no proceeding pending in the Supreme Court of New South Wales which can be removed.

7. Pursuant to r 41.11.1, as applied by r 26.06.3, of the High Court Rules 2004, we direct the Registrar to draw up, sign and seal an order dismissing the application for removal with costs.

K.M. Hayne
8 April 2015 G.A.A. Nettle